LASSEN
LOCAL AGENCY FORMATION
COMMISSION
L A F C O B Y L A W S
Adopted November 10, 2003
Amended August 9, 2004
Amended November 14, 2005
Amended June 13, 2011
Amended December 9,2013
Amended June 27, 2016
Adopted Nov. 10, 2003 LAFCO Res. #2003-08
Amended August 9, 2004 LAFCO Res. #2004-06
Amended Nov. 14, 2005 LAFCO Res. #2005-08
Amended June 13, 2011 LAFCO Res. #2011-04
Amended December 9, 2013 LAFCO Res #2013-13
Amended June 27, 2016 LAFCO Res #2016-0004
Table of Contents
1. Statement of Purpose and Authority ................................................................................1
1.1. Mission 1
1.2. Governing Law 1
1.3. Funding 1
1.4 Lafco's Composition and Legislative Charge……… ………………………... 2
2. Definitions........................................................................................................................2
2.1. Alternate Member 2
2.2. Board of Supervisors 2
2.3. Commission 2
2.4. Commissioners 2
2.5. County 2
2.6. LAFCO 3
2.7. Members 3
2.8.City Council 3
3. Powers and Duties………………………………………….. ………………………….3
3.1. General 3
3.2. Budget 3
4. Commission Organization ...............................................................................................4
4.1. Composition 4
4.2. Appointment of Members 4
4.3. Role of Alternate Members 5
4.4. Terms of Office 5
4.5. Removal of Members 6
4.6. Commission Officers 6
4.7. Compensation 7
4.8. Financial Disclosure 7
4.9. Eligibility of Commissioners for Staff Positions 7
Adopted Nov. 10, 2003 LAFCO Res. #2003-08
Amended August 9, 2004 LAFCO Res. #2004-06
Amended Nov. 14, 2005 LAFCO Res. #2005-08
Amended June 13, 2011 LAFCO Res. #2011-04
Amended December 9, 2013 LAFCO Res #2013-13
Amended June 27, 2016 LAFCO Res #2016-0004
5. Conduct of Business ........................................................................................................7
5.1. Regular Meetings 7
5.2. Special Meetings 8
5.3. Notice of Meetings 8
5.4. Compliance with Open Meeting Laws 9
5.5. Quorum & Action of Commission 9
5.6. Adjournment and Continuance of Meetings and Public Hearings 9
5.7. Conduct of Meetings 12
5.8. Public Hearing Procedure 11
5.9. Public Testimony 13
5.10. Record of Proceedings 13
5.11 Legislative Process Participation 14
6. Conflict of Interest .........................................................................................................14
7. Subcommittees of the Commission ...............................................................................15
7.1 Committees 15
7.2 Open Meeting Law Requirements 16
8. Policies and Standards ...................................................................................................16
9. Amendments ..................................................................................................................16
9.1. Regular Amendments 16
9.2. Urgency Amendments 17
9.3. Filing of Bylaws 17
APPENDICES
Appendix 1 Public Member Selection Procedure
Appendix 2 LASSEN LAFCO Conflict of Interest Code
Appendix 3 Lobbying Disclosure Form
Appendix 4 Records Retention Schedule
Adopted Nov. 10, 2003 LAFCO Res. #2003-08
Amended August 9, 2004 LAFCO Res. #2004-06
Amended Nov. 14, 2005 LAFCO Res. #2005-08
Amended June 13, 2011 LAFCO Res. #2011-04
Amended December 9, 2013 LAFCO Res #2013-13
Amended June 27, 2016 LAFCO Res #2016-0004
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Local Agency Formation Commission (LAFCO)
Lassen County
Bylaws
1. Statement of Purpose and Authority
1.1. Mission
The Local Agency Formation Commission of Lassen County is committed to
serving the citizens, governmental agencies, and applicants of its jurisdiction by
using its authority, knowledge and expertise to make beneficial changes in the
structure of public agencies through special studies, programs and actions resulting
in the resolution of conflicts; orderly growth, development, and governance of
communities within Lassen County; cost-effective delivery of services; and timely
processing of applications.
In accordance with the policies and procedures established by the State Legislature
in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
Sections 56000 and 57000 et seq. of the California Government Code, the primary
function of California LAFCOs is to encouraging the orderly growth, discouraging
urban sprawl, preserving open space and prime agricultural lands and efficiently
extending governmental services. LAFCO’s responsibilities include review of and
action on proposals for 1) formation of new local public agencies, 2) change in
boundaries of existing local agencies, and 3) other changes in organization of local
agencies, such as consolidations. In making such determinations, LAFCO’s efforts
are directed to encouraging the efficient and economic delivery of public services,
while protecting other important state interests such as the preservation of agri-
cultural and open-space lands.
1.2. Governing Law
The conduct of the Lassen Local Agency Formation Commission is governed by
the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
Sections 56000 and 57000 et. seq. of the California Government Code, as amended
(hereinafter referred to as “The LAFCO Act”). In any conflict between provisions
of the LAFCO Act and these Bylaws, the former shall prevail.
1.3. Funding
Funding for the operational needs of the Lassen County LAFCO shall be provided
through a combination of application fees and charges and appropriations from
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general tax revenue of Lassen County and Susanville as requested by the
Commission in accordance with the LAFCO Act.
1.4. LAFCO Composition and Legislative Charge
a) General Statutory Requirements. LAFCO is an independent, intra-local
agency created by the Legislature to implement policies which the
Legislature determined must be addressed with a regional perspective.
b. Independent Agency. LAFCO is, by statute, a separate public agency from
the County and the City of Susanville who provide funding and appoint
members to the Commission.
c. Intra-Local Representation. The legislative body of LAFCO is the
Commission. The Legislature established the composition of the
Commission to be representative of the local governmental agencies in the
County by providing for city, county, special district, and public
membership.
2. Definitions
2.1. Alternate Member
The person appointed to serve and vote in place of a regular member under any of
the circumstances set forth in Section 4.3, below.
2.2. Board of Supervisors
The Lassen County Board of Supervisors.
2.3. Commission
The Lassen Local Agency Formation Commission or Local Agency Formation
Commission of Lassen County.
2.4. Commissioners
All members of the Commission, both regular and alternate.
2.5. County
The County of Lassen.
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2.6. LAFCO
The Lassen Local Agency Formation Commission.
2.7. Members
All regular and alternate members of the Lassen Local Agency Formation
Commission.
2.8 City Council
The City of Susanville City Council
3. Powers and Duties
3.1. General
The Commission’s powers and duties include initiating, reviewing and approving
or disapproving with or without amendment, wholly, partially, or conditionally,
proposals for changes of organization or reorganization as stated in the LAFCO
Act, Sections 56000 and 57000 et seq. of the California Government Code. The
Commission may make studies to further the mission of LAFCO.
3.2 Budget
a) The Commission shall serve as the LAFCO Budget Committee and shall
prepare and submit a budget to the Commission for review each spring in
coordination with the Lassen County and City of Susanville budgeting
process. When the Commission has finalized the budget, the Executive
Officer shall promptly send it on to the County and the City as provided by
the LAFCO Act, Section 56381.
b) The Commission may at any time and at its own discretion modify its ap-
proved budget.
c) The LAFCO Executive Officer shall be responsible for managing the day-
to-day business of the Commission and for directing expenditures for that
purpose within the guidelines established by the adopted budget.
d) LAFCO’s budget for the next fiscal year shall normally be set at level that
allows the agency to complete the essential tasks of the approved work
program. If the Commission determines that it cannot reasonably require
funding at the level necessary to fund the work program, the Commission
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shall eliminate or modify items in the work program to reflect the reductions
in funding prior to approval of the reduced budget. The proposed and final
budget shall be equal to or greater than the budget adopted for the previous
fiscal year unless the commission finds that there is a diminished work load
and reduced staffing or program costs will nevertheless allow the
commission to fulfill its purposes and programs as required by the LAFCo
Law.(§56381)
e) Where feasible, LAFCO shall re-budget rollover from the prior fiscal year
to reduce costs to the funding agencies. Alternatively, LAFCO may wish
to use rollover monies to fund a Contingency Fund not exceeding 10% of
LAFCO’s total expenditures for a given fiscal year. Appropriations and
Expenditures from the Contingency shall require Commission approval.
f) Since Government Code 56381 ( c ) does not expressly require the City of
Susanville (City) share of LAFCO’s operating expenses to be deposited
with the County Auditor. As long as the City is managing LAFCO’s
finances it is the policy of LAFCO to allow the City to transfer the City’s
share of LAFCO’s operating costs, as apportioned by the County Auditor,
to the LAFCO fund account. The City shall notify the auditor of the date
and amount of the transfer.
4. Commission Organization
4.1 Composition
LASSEN County LAFCO shall consist of five regular voting Commissioners and
three alternate members, as explained in detail below.
4.2 Appointment of Members
a) County
Two Commissioners are appointed by the Board of Supervisors from the
Board’s membership. The Board of Supervisors shall also appoint a third
supervisor to serve as the alternate County member of the Commission.
b) City of Susanville
Two Commissioners shall be appointed by the City of Susanville from
among its City Council members. The City shall also appoint an alternate
city member in the same manner as it appoints a regular city member.
c) Public
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One Commissioner shall be appointed from the general public by vote of
the other four regular (voting) members of the Commission. (See Appendix
1 for the Public Commissioner Selection Process.) The Commission shall
also appoint an alternate public member who shall be selected in the same
manner as the regular public member. Neither the regular nor the alternate
public member may be an officer or employee of a city, the County, or a
district having territory within the County, as provided by Section 56331 of
the LAFCO Act.
d) Special District
Two special district representatives and one alternate who are appointed by
independent special districts (note: resolutions adopted by a majority of
independent special districts will be required prior to independent special
district representatives being seated on LAFCO.
4.3 Role of Alternate Members
a) In each member category, the alternate member shall serve and vote in place
of a regular member who is absent or disqualifies himself or herself from
voting on a matter before the Commission.
b) All alternate members are encouraged to attend all Commission meetings
especially when LAFCO is considering complex projects requiring multiple
public hearings or meetings, even if the regular member(s) is (are) present.
As a matter of policy, because alternate members may at any time be called
upon to vote in place of a regular member, the Lassen LAFCO encourages
alternate members to participate in discussion of issues before the
Commission and to attend closed sessions, even when they may not vote.
4.4 Terms of Office
a) Unless other arrangements are made by the appointing authority (i.e. the
City Council or Board of Supervisors), each member shall serve single or
multiple term(s) of office for four years each. A member may continue in
office after expiration of his or her term until the appointment and seating
of a successor.
b) Any member may be removed at any time and without cause by the body
appointing that member. If a member who is a City or County member
ceases to hold that position during his or her term, that member’s seat on
the Commission shall thereafter be considered vacant.
c) Any vacancy in the regular membership of the Commission shall be filled
for the unexpired term by appointment by the body which originally
appointed the member whose office has become vacant. The alternate
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member in that category shall serve in his/her place until such time as a new
regular member has been appointed.
4.5 Removal of Members
The Commission may recommend to the appointing authority that a member
(including alternates) be removed for the following reasons:
a) The absence of that member for three (3) consecutive meetings or more than
half of the meetings in any twelve-month period.
b) Malfeasance of office or dereliction of duty by that member.
4.6 Commission Officers
The officers of the Commission shall be a Chairperson and a Vice Chairperson,
chosen by the current regular members of the Commission from their number.
a) The Chairperson and the Vice Chairperson shall be elected each year at the
June meeting or the next regular meeting thereafter and shall take office
immediately. If a vacancy occurs in any Commission office during the year,
it shall be filled by election at the next regular meeting following occurrence
of the vacancy.
b) The term of office for the Chairperson and Vice Chairperson shall normally
be twelve months or until the officer’s membership on the Commission
terminates, whichever occurs sooner.
c) The Chairperson shall preside at all meetings of the Commission and shall
conduct the business of the Commission pursuant to and in compliance with
the procedures prescribed by these rules. The Chairperson shall preserve
order and decorum at all meetings and shall decide all questions of order
and procedure, subject to the action of the majority of the Commission.
d) The Chairperson has the authority to act outside a meeting, in consultation
with the Executive Officer, on procedural and administrative matters that
cannot reasonably be deferred to the next Commission meeting. The
Chairperson’s authority shall include the signing of Commission payment
claim forms for ratification at the next Commission meeting and for
contracts for urgently needed goods and services if the Executive Officer is
unavailable.
e) The Chairperson has authority to appoint members to all subcommittees of
the Commission, including the authority to create special-purpose subcom-
mittees not named in these Bylaws.
f) In the event of the Chairperson’s absence or inability to act as the
Chairperson, the Vice Chairperson shall have all the powers and duties of
the Chairperson.
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g) In the event both the Chairperson and the Vice Chairperson are absent from
a Commission meeting at which a quorum is present, the voting members
present may select one of themselves by majority vote to act as Chairperson
pro tempore for that meeting.
4.7 Compensation
a) Members and alternate members will be reimbursed, for reasonable meal
expenses as determined by the Commission, on occasions when a
Commission meeting must be recessed for a meal break. Members and
alternate members will be reimbursed, for reasonable travel costs for
LAFCO conferences and LAFCO related business.
4.8 Financial Disclosure
a) LAFCO members and alternate members are subject to the requirements of
the California Fair Political Practices Commission, including annual filing
with the Lassen County Elections Office of the Statement of Economic
Interests (Form #700) by the date determined by the Lassen County Clerk.
The Lassen Local Agency Formation Commission Conflict of Interest
Code is attached to these Bylaws and incorporated herein as Appendix 2.
b) Any member of the Commission not in compliance with the requirements
of the LAFCO Conflict of Interest Code shall be ineligible to take part in
LAFCO business until she or he has complied.
4.9 Eligibility of Commissioners for Staff Positions
The Commission shall not accept the application of any current regular or alternate
Commissioner for a LAFCO staff position unless such application is accompanied
by the Commissioner’s signed letter of resignation incorporating a commitment to
refuse subsequent appointment to the Commission during a period of six months
after the staff position has been filled.
5. Conduct of Business
5.1 Regular Meetings
Regular meetings of the Commission are scheduled for the second Monday of every
other month at 3:00 p.m. in the Board of Supervisors’ Chambers, 707 Nevada
Street, Susanville, California. Regular meetings are scheduled during the months
of June, August, October, December, February and April. Alternate regular
meeting dates are scheduled in July, September, November, January, March and
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May at the same time and location as regular meetings. In the event of a scheduled
holiday, the regular meeting shall be held at the same place upon the first
succeeding Monday which is not a holiday, commencing at the same hour, in which
event all hearings, applications, petitions and other matters before the Commission
are continued to the same hour of the next succeeding day which is not a holiday.
The Commission may, at its own discretion, meet at a different time or place from
time to time, provided that public notice of such time and place is given in
accordance with the Open Meeting Law, Government Code Section 54954 and
applicable provisions of the LAFCO Act.
5.2. Special Meetings
The Chair or Executive Officer may call a special meeting of the Commission. The
Chair shall call a special meeting if requested by two or more Commissioners. Any
special meetings of the Commission shall be called in the manner provided by
Section 54956 of the Government Code. The order calling the special meeting shall
specify the time and place of the meeting and the business to be conducted and no
other business shall be conducted at that meeting. The special meeting may be
called for any day prior to the date established for the next regular meeting of the
Commission. A minimum 24 hour notice is required for a Special Meeting.
5.3. Notice of Meetings
General Notice
The Executive Officer shall provide notice of all regular and special meetings in
accordance with the Open Meeting Law, Section 54954.1 of the Government Code, and
applicable provisions of the LAFCO Act. Written or faxed notice of regular and special
meetings of the Commission shall be sent in the form of a meeting agenda to at least the
following:
1. Each LAFCO member, alternate and staff
2. The Local news media
3. To any person or entity requesting a copy of the agenda in writing.
4. By posting the agenda of each meeting on or near the door of the public
building to be used for the meeting at least 72 hours in advance of the
meeting.
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5. By posting the agenda on the LAFCO website.
Special Notice
The Executive Officer shall provide additional notice of specific applications in the manner
required by the LAFCO Act for that application. Such special notices shall be sent to the
applicant, affected property owners or citizens, property owners and voters within 300 feet
of a project consistent with the LAFCO act, and such other persons or entities as the
Commission or the Executive Officer may deem appropriate. Notice to affected property
owners and citizens shall also comply with Commission policy on Notice and Public
Participation, as set forth in Section 6.2 of the LAFCO Policies and Standards and the
LAFCO Act.
Staff Reports and Meeting Packets
Not less than five days prior to the hearing, the Executive Officer shall complete a staff
report including his or her recommendations for each item to be heard. Copies, along with
the agenda, shall be furnished to each member of the Commission and to other parties as
required by the LAFCO Act (Section 56665). Any Commissioner may request
postponement of the hearing on a particular item by reason of his or her receiving the
agenda packet less than five days prior to the meeting. The Commission may, but is not
obligated to, honor such a request.
5.4. Compliance with Open Meeting Laws
Notwithstanding any other provision of these Bylaws, all meetings of the Commission shall
be noticed and held in accordance with the Ralph M. Brown Act, the Open Meeting Law,
and Government Code Section 54950-54962.
5.5. Quorum & Action of Commission
a) Three Commissioners present in person shall constitute a quorum.
b) An affirmative vote of three or more Commissioners is required to make an action
of the Commission. Proxy votes are not allowed.
c) An affirmative vote of a majority of the full Commission is required to adopt a
preliminary and a final budget.
5.6. Adjournment and Continuance of Meetings and Public Hearings
a) Any hearing being held, or any hearing noticed or ordered to be held, may by order
or notice of continuance or adjournment be continued, re-continued, adjourned, or
re-adjourned to any subsequent meeting in the same manner and to the same extent
set forth for the continuance or adjournment of meetings.
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b) If any meeting or hearing is continued or adjourned to a time less than twenty-four
(24) hours after the time specified in these Bylaws or, in the order or notice of
meeting or hearing, a copy of the order or notice of continuance or adjournment
shall be posted immediately following the meeting at which the order of declaration
of continuance or adjournment was adopted or made.
c) Procedures for adjourned and continued meetings shall also comply with any
additional requirements of Sections 54955 and 54955.1 of the Government Code
and any other applicable statutes.
d) If there is not a quorum at any meeting of the Commission, the Chair may adjourn
the meeting to another date and time. If all members are absent, the Executive
Officer of the Commission may adjourn the meeting to a stated time and place. The
Executive Officer shall provide oral notice of such adjourned meeting to all present
at the meeting and provide such written and posted notice as required by the
California Open Meeting Law.
5.7. Conduct of Meetings
Agendas
The Executive Officer, in consultation with the Chairperson, shall prepare the agenda for
each meeting. Unless otherwise directed by the Commission, the Executive Officer shall
set as many matters for hearing as can be reasonably heard.
Items Limited to One Subject
Each agenda item shall specify a single subject to be considered.
Agenda Item Requests
Members of the public may request the Commission to take specific actions by submitting
their requests in writing to the LAFCO Executive Officer at least 45 days prior to a
regularly scheduled meeting of the Commission or by attending a previous meeting of the
Commission requesting action to be taken at its next meeting. If determined by the
Chairperson to be proper for Commission consideration, such an item shall be placed on
the agenda. Requests for special meetings of the Commission shall be directed to the
Chairperson through the LAFCO Executive Officer.
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Order of Business
The Commission agendas shall include the following items:
Call to Order, including roll call
Approval of minutes
Consent Items (if any)
Public Comment
Business Items with Public Hearings
Business Items without Public Hearings
Executive Officer’s Report
Correspondence
Commission Announcements
Closed Session (if needed)
Adjournment
Motions
Any voting Commissioner may introduce or second any motion.
Voting
i) The question of approval or denial of a change of organization or
reorganization and of all resolutions shall be by roll call vote. All
other questions may be voted upon by voice vote, or may be put to
the question by the Chairperson with a unanimous vote stipulated
and recorded if there is no objection.
ii) A roll call vote shall be taken on any question upon demand of any
Commissioner, regular or alternate.
Rules of Procedure
Except as otherwise provided herein, the rules of order governing the con-
duct of business at all meetings of the Commission shall be the latest edition
of Robert’s Rules of Order.
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5.8. Public Hearing Procedure
The Commission shall conduct matters noticed for public hearing as follows:
a) The agenda item is introduced by the Chairperson.
b) The Executive Officer shall present the staff report. The report should de-
scribe the nature of the application, discuss all factors required in Section
56668 of the Government Code, factors to be considered in the adopted
policies and standards, and present the Executive Officer’s rec-
ommendations.
c) Commissioners may ask questions concerning matters in the staff report.
d) The Chairperson opens the public hearing. The public is encouraged to
participate in the hearing process. An agenda item is first introduced by the
Commission Chairperson and then the project is described in detail by the
Executive Officer. As part of the project presentation, questions and
answers between Commission members and Staff is included, for additional
information or clarification.
e) The applicant or applicant’s representative and a representative from the
agency involved in the change of organization will be asked to speak first
to add any pertinent data or testimony to the staff report.
f) The public will then be invited to give testimony. Public will be requested
to sign in on sheet provided. Chairperson will call the public from list to
testify. The Chairperson will invite those who have signed up to testify in
order. To obtain and maintain an accurate record of the proceedings, the
public will be asked to use the speaking podium and clearly introduce
themselves with their name and address, and who they are representing if
they are representing someone other than themselves.
g) If anyone has failed to sign up or wishes to not give their name and address
and wishes to testify, they can do so after those who signed up have testified
and before the public hearing is closed.
h) The applicant or his representative may rebut any testimony.
i) Each Commissioner may question any participant in the
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proceedings.
j) The public hearing will be closed.
Following closure of the public hearing, the members will discuss the matter
under consideration among themselves. Such discussion may or may not
be preceded by a motion made by any Commissioner and a second made by
another. Thereafter, the public will not be permitted to speak while this
matter is under discussion by Commission members. Further testimony
from the applicant or the public may not be accepted without reopening the
public hearing, except that Commissioners may direct questions to specific
members of the project applicant or the public who have already offered
testimony in order to clarify any point made during the public hearing.
k) Motion to consider item(s). Action of the Commission shall be decided by
a majority vote of the total number of the members of the Commission.
5.9. Public Testimony
a) The applicant and any member of the public desiring to address the Com-
mission shall, when recognized by the Chairperson, step forward and give
his/her name and address to the clerk.
b) The Chairperson may, within reason, allocate and limit the time and scope
of testimony from any interested person as necessary for the expeditious
conduct of the Commission’s business. It is requested that all presentations
be limited to a maximum of five minutes so that all interested parties will
have an opportunity to address the Commission.
c) Debate between members of the public shall not be permitted.
d) When any group wishes to address the Commission, the Chairperson may
request a spokesperson be chosen by the group to address the Commission.
5.10. Record of Proceedings
a) Minutes
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The Clerk to the Commission shall record and prepare minutes of each
meeting. The minutes shall record the major actions of the Commission at
the meeting but are not intended as a complete transcript of discussions at
the meeting. Draft copies thereof shall be mailed to all members, usually
as part of the agenda packet, prior to the meeting at which they are offered
for Commission approval. Normally, minutes shall be submitted to the
Commission not later than two meetings after the meeting at which they
were taken. Upon approval, the minutes, with any corrections thereto, shall
become the official record of the action of the Commission.
b) Tape Recordings
All proceedings of regular and special meetings shall be tape-recorded.
Transcripts will be prepared upon request, and all applicable costs including
preparation, completion and dissemination will be charged to the person or
entity making the request in a manner established by the Executive Officer.
c) Destruction of Records
Written documents shall be kept in accordance with LAFCo’s Records
Retention policy as shown in Attachment #4.
Section 5.11 Legislative Process Participation
a.) In situations when a legislative bill affecting LAFCO cannot be considered
by the full Commission due to timing, the Executive Officer, in consultation
with the Chair, is authorized to provide written or email comments
communicating the Commission’s position.
b.) The Chair would review the letter or email prior to it being submitted for
consideration.
c.) The Executive Officer will forward the email or letter to the Commissioners
as soon as possible.
d.) The item will be discussed at the Commission’s next regular meeting.
6 Conflict of Interest
a) No Commissioner shall vote on any matter where it is reasonably foresee-
able that the action of the Commission could materially affect a financial
interest of the Commissioner.
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b) Government Code Section 84308 requires that a Commissioner disqualify
him- or herself from voting on an application involving an “entitlement for
use” (such as an annexation or sphere amendment) if, within the last twelve
months, the Commissioner has accepted campaign contributions of $250 or
more from an individual or firm who actively supports or opposes such ap-
plication or from an agent (e.g., attorney, engineer, or planning consultant)
representing an applicant or other interested participant.
c) Commissioners having a conflict of interest on any matter before the
Commission shall publicly disclose such conflict, physically leave the
room, and thereafter shall not participate in any discussions, debates,
questioning or votes on the matter in their official capacity. This restriction
shall not prevent a disqualified Commissioner from testifying as a member
of the public.
d) Unless provided by the appointing authority pursuant to Section 56335 or
Section 56332 (e) of the Government Code, no member shall be disqualified
from participation in the consideration of a matter as a result his
membership on an agency affected by the Commission’s decision on the
matter.
e) Notwithstanding public meetings, agenda packets, staff consultations, and
communications limited solely to procedures or processes, no LAFCO
Commissioner shall vote or attempt to influence a Commission decision on
a change of organization, municipal service review (and) or sphere of
influence amendment or update unless the Commissioner reports all oral,
written, or electronic communications on the record of the public hearing.
All Commissioners shall report “ex parte” communications on the form
prescribed in Attachment “3” attached to these bylaws prior to discussion
on one of the items listed above. Disclosure forms shall be made part of the
public record.
7. Subcommittees of the Commission
7.1 Committees
The Commission or the Chairperson may establish committees deemed necessary
for the conduct of its proceedings. If such a committee is appointed by the
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Chairperson between meetings of the Commission, he or she shall report this action
to the Commission at its next regular meeting.
7.2 Open Meeting Law Requirements
Any permanent standing committees established by this section of these Bylaws
shall be subject to the California Open Meeting Law, along with any other perma-
nent standing committees established by the Commission.
8. Policies and Standards
The Commission has adopted policy guidelines to assist in reviewing any proposal
brought before it. These guidelines are contained in the LAFCO Policies and
Standards.
9. Amendments
9.1 Regular Amendments
Regular Amendments to these Bylaws shall be made as follows:
a) The full text of any proposed amendment shall be sent to all members in the
same manner as agenda packets, as specified in Section 5.3, above.
b) At the meeting, the proposed amendment shall be read aloud in its entirety
by the Chairperson, unless such reading is waived by the Commission.
Discussion may occur and modifications be made to the proposed
amendment, but it may not be approved at that first reading.
c) The proposed amendment to the Bylaws, with any Commission modifica-
tions, shall then be circulated to the following entities for their review and
comment prior to adoption:
City of Susanville
County of Lassen
Special Districts requesting notification
d) The proposed amendment, with any modifications, shall be agendized and
read a second time at the next regular meeting of the Commission, unless
such reading is waived by the Commission. Any comments received from
local agencies shall be presented. Further discussion and modifications may
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be made to the proposed amendment and it may be adopted at this second
reading.
9.2 Urgency Amendments
An amendment to the Bylaws may be adopted as an urgency amendment effective
immediately when the amendment is determined to be essential to the immediate
functioning of the Commission. Any such urgency amendment may only be
adopted by the affirmative vote of at least four Commissioners.
9.3 Filing of Bylaws
Upon approval of these Bylaws and any amendments thereto, an original certified
and signed copy shall be filed with the Clerk of the Board of Supervisors of Lassen
County.
Appendix 1
LAFCO OF LASSEN COUNTY
Public Member Selection Process
As authorized by Sections 56325 and 56331 of the LAFCO Act, the Public Member and Alternate Public
Member shall be appointed to LAFCO by the members of the Commission representing the City and the
County.
The Commission will conduct the selection process in the following manner:
1. Prior to the expiration of terms of the public member and the alternate public member, the positions will be
advertised in newspapers of general circulation in the county.
2. The Commission shall design an interview procedure, schedule interviews, and formulate questions to be
asked of all applicants.
3. Interviews of the applicants shall be conducted by the City and County members of the Commission.
4. The City and County members of the Commission shall vote in open session. The candidates selected will
take office at the May meeting.
Appendix 2
Conflict of Interest Code
Resolution No. LAFCO 02-02
A Resolution of the Board of Directors of Lassen LAFCO
A Resolution adopting a Conflict of Interest Code for Lassen LAFCO
RECITALS:
1. The Political Reform Act Government Code Sections 81000, et seq., requires state and local government agencies to
adopt and promulgate Conflict of Interest Codes.
2. The Fair Political Practices Commission has adopted a regulation (2 Cal. Adm. Code Section 18730), which contains
the terms of a standard Conflict of Interest Codes, which can be incorporated by reference, and which may be amended
by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and
hearings.
BE IT RESOLVED THAT:
1. The terms and provisions of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair
Political Practices Commission, along with the attached Appendix A, in which officials and employees are designated
and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code
of Lassen LAFCO.
2. Pursuant to Section 4 of the standard code (2 Cal Adm. Code Section 18730 (b) (4)) managers and administrators of
special districts and school district superintendents file one original Statement of Economic Interests Form 700 with the
agency, who will retain a copy and forward the original to the code reviewing body (Lassen County Board of Supervisors)
via the County Clerk's office. All other designated employees shall file Statements of Economic Interests Form 700 with
Lassen LAFCO.
PASSED, APPROVED AND ADOPTED THIS 20 DAY OF August 2002.
AYES: Keefer, Callegari, Chapman and Fahlen
NOES: None
ABSENT: None
Original Signed by Mary Fahlen, CHAIRMAN
Original Signed by Gwenna MacDonald, SECRETARY
APPENDIX "A"
Designated Employees Disclosure Categories
Members of the LAFCO Commission 1, 2, 3, 4, 5, 6
Executive Officer 1, 2, 3, 4, 5, 6
Consultants* 1, 2, 3, 4, 5, 6
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the Code subjected to the following limitation:
The Executive Officer may determine in writing that a particular consultant, although a "designated position",
is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the
disclosure requirements described in this section. Such written determination shall include a description of the
consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The
Executive Officer's determination is a public record and shall be retained for public inspection in the same
manner and location as this Conflict of Interest Code.
Category 1
Persons in this category shall disclose all interests in real property within the jurisdiction. Real property shall
be deemed to be within the jurisdiction if the property or any part of it is located within or not more than two
miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local
government agency.
Persons shall not be required to disclose property used primarily as their residence or for personal recreational
purposes.
Category 2
Persons in this category shall disclose all investments.
"Investment" means any financial interest in or security issued by a business entity, including but not limited
to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other
ownership interest owned directly, indirectly or beneficially by the public official, or other filer, or his or her
immediate family, if the business entity or any parent, subsidiary or otherwise related business entity has an
interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction, or has
done business within the jurisdiction at any time during the two years prior to the time any statement or other
action is required under this title. No asset shall be deemed an investment unless its fair market value equals or
exceeds two thousand dollars ($2,000). The term "investment" does not inc1ude a time or demand deposit in a
financial institution, shares in a credit union, any insurance policy, interest in a diversified mutual fund
registered with the Securities and Exchange Commission under the Investment Company Act of 1940 or a
common trust fund which is created pursuant to Section 1564 of the Financial Code, or any bond or other debt
instrument issued by any government or government agency. Investments of an individual includes a pro rata
share of investments of any business entity, mutual fund, or trust in which the individual or immediate family
owns, directly, indirectly or beneficially, a 10-percent interest or greater. 'The term "parent, subsidiary or
otherwise related business entity" shall be specifically defined by regulations of the commission. (Government
Code Section 82034).
Category 3
Persons in this category shall disclose all income received from any source located or doing business within
the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency
need not be disclosed.
Category 4
Persons in this category shall disclose all income from and investments in businesses that provide or sell
services or supplies of the type associated with job assignment and utilized by the department.
Category 5
Persons in this category shall disclose all business positions held in business entities which are located or
doing or expecting to do business within the jurisdiction and which business entities may foreseeably be
affected materially by any decision made or participated in by the person by virtue of his or her position.
“Business entity" as used herein includes both for-profit and non-profit entities.
Category 6
Persons in this category shall disclose all items (including real property) valued over $320. received as a gift,
purchased from, or sold to any person applying for or receiving any services from the Department;
The above Categories 1 through 6 shall comply with the Form 700 disclosure filing requirements.
Appendix "3"
LAFCO of LASSEN COUNTY
Government Code Section 56300(c): Disclosure of Communications Lobbying Individual LAFCO
Commissioners (ex parte communications)
Disclosure Form for Reporting of Ex Parte Communication
Commissioner or Alternate Name: ___________________________________________
Date: _____________________ Time: _____________________
Location: ______________________________________
Person or Persons Initiating Communication:
______________________________________________________________________
Person or Persons Receiving Communication:
______________________________________________________________________
Subject:
(Such as Smith Annexation, Jones Reorganization, Sphere of Influence for XYZ)
________________________________________________________________________
Content of Communication:
(If written material was all or part of communication, attach a copy of written material.)
________________________________________________________________________________________
________________________________________________________________________________________
____________________________________________________________________________
The purpose of this form is for LAFCO Commissioners and Alternates to comply with the Commissions
Policies and Procedures for Disclosing Lobbying Communications as authorized by Government Code Section
56300(c). When this form is completed and placed in the Commissions public record of lobbying
communications, the Commissioner or Alternate has complied with the procedures and may participate in
making a decision which was the subject of this communication or may attempt to influence the Commissions
decision on the matter which is reported herein. Page 1 of 2
Page 2 of 2
Deadlines for filing:
LAFCO of LASSEN COUNTY
Government Code Section 56300(c): Disclosure of Communications Lobbying Individual LAFCO
Commissioners (ex parte communications)
Disclosure Form for Reporting of Ex Parte Communications
__________________________________________
The Commissioner or Alternate must file this form with the Executive Officer prior to discussion on a change
of organization, municipal service review (and) or sphere of influence amendment or update before the
Commission.
Written material attached?
_____ yes
_____ no
Signature of Commissioner or Alternate:
___________________________________
Date: _____________________________
Filing with the LAFCO office:
Appendix 4
LASSEN LAFCO RECORDS RETENTION POLICY Section 5.11 Records Retention Policy:
Records must be kept indefinitely in original, photographic, or electronic form pursuant to Government
Code section 56382.
The Commission authorizes the destruction of original records more than two years old, if a photographic
or electronic copy of the original record is made and preserved in compliance with Government Code
section 56382, which shall be considered permanently retained pursuant to the Records Retention
Schedule. Documents that are not herein defined as “records” are not “records” pursuant to Government
Code section 56382 and will be retained and disposed of according to the Records Retention Schedule in
Exhibit A.
For purposes of compliance with Government Code §56382 and implementation of the Commission’s
Records Retention Schedule as set forth in pages 2-5 of this Exhibit A, “records” include the following:
• LAFCO Meeting Minutes
• LAFCO Resolutions
• Documents related to LAFCO proposals such as the:
- Application, petition or other initiating documents
- Assessor’s Statement of Property Valuation
- Agreement to Pay / Indemnification
- Certificate of Completion
- Certificate of Filing
- Environmental Review/CEQA documents such as Initial Study, Exemptions, Notices of
Completion and Determination, Comments and Response to Comments, Negative
Declaration, mitigation monitoring, Statements of Overriding Consideration
- Map and Legal Description
- Notices
- Order for Change of Organization
- Staff Reports
- Statement of Boundary Change - Statement of Tax Rate Area
Page 1 of 5
RECORDS RETENTION
After 2 years, records may be imaged for permanent preservation and original destroyed CCP – Code of Civil Procedure (CA) GC Government Code (CA), CFR Code of Federal Regularions (CFR)
Type of
or Example
Legal Minimum
Retention
Accounts
Payable
Invoices and back-up documents, purchase
orders, travel expense reimbursements, petty
cash, postage, check requests, receipt books,
etc.
CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of
State Guidelines
recommendation
Until audited + 4
years
Accounts
Receivable
Invoices, checks, reports, investments, receipt
books
26 CFR31.6001-
1(e)(2)
4 years
Agreements/
Contract
Original contracts and agreements and back-up
materials, including leases, rentals and any
amendments
CCP 337
CCP 337.2
4 years after
termination/
completion
Annual Reports 2 years
Audit Reports Financial services; internal and/or external
reports; independent auditor analyses
2 years
Brochures/
Publications
2 years or longer for
historical value Budget, Annual Adjustments, journal entries, account transfers,
budget preparation documents including
adopted budgets,
Until audited + 2
years
Claims Against the
Commission
Paid/denied Until settled + 2
years
Correspondence
(General)
General correspondence, including letters, and;
various files not otherwise specifically covered
by the retention schedule; compliments,
complaints and inquiries; transmittal letters;
requests for comments and responses
90 days, recommended
longer if useful.
(complaints and
inquiries should be
kept until matter
resolves) Economic
Interest
Statements -
Form 700
(copies)
Copies of statements forwarded to Fair
Political Practices Commission
GC 81009(f), (g) 4 years (can image
after 2 years)
P 2 Records Retention Schedule
Type of
or Example
Legal Minimum
Retention
Economic
Interest
Statements -
Form 700
(originals)
Originals of statements of designated
employees
GC 81009(c), (g) 7 years (can image
after 2 years)
(other than those
exempt under PRA
6254(a))
General correspondence 90 days, recommended
longer if useful.
(complaints and
inquiries should be kept
until matter resolves)
Ethics Training
Compliance
Note: records should contain date of
training and name of training provider
GC 53235.2 5 years after receipt
of training
Forms Administrative – blank Until superseded
General Ledgers All annual financial summaries CCP 337
Sec. of State
Local Gov’t.
Records
Retention
Guidelines
Permanent
Gifts/Bequests Receipts or other documentation Until completed + 2
years
Grants
Federal, State, or
other grants
Grants documents and all supporting
documents: applications, reports, contracts,
project files, proposals, statements, sub-
recipient dockets, environmental review, grant
documents, inventory, consolidated
plan, etc.
24 CFR 570.502
24 CFR 85.42
Until completed + 4
years
Grants –
Unsuccessful
Applications not entitled 2 years
Newsletters May wish to retain permanently for
historic reference
2 years
Political Support or
Opposition
Related to legislation 2 years
Press Releases Related to Commission
actions/activities
2 years
Procedure
Manuals
Administrative Current + 2 years
Public Records
Request
Requests from the public to inspect or copy
public documents
2 years
Page 3 Records Retention Schedule
Type of
or Example
Legal Minimum
Retention
Purchasing,
Requisitions,
Purchase Orders
Original documents CCP 337 Until audited + 4
years
Recruitments
and Selection
Records relating to hiring, promotion,
selection for training
29 CFR 1627.3 3 years
Requests for
Qualifications
(RFQs) and
Requests for
Proposals (RFPs)
Requests for Qualifications, Requests for
Proposals, and related responses
Current + 2 years
Records relating to LAFCO Meetings or
Affidavits of
Publication/Post
ing
Proof of publication of legal notices for public
hearings
2 years
Agenda / Agenda
Packets
Agendas, agenda packets, staff reports and related
attachments, supplemental items and
documentation submitted by staff/public in
relation to agenda items.
2 years
Audio Recording
of LAFCO
Meetings
30 days after the
LAFCO meeting
minutes are approved
Elections Impartial analysis 2 years
Environmental
Review (for projects
without a LAFCO
application)
Correspondence, consultants, issues,
comments and responses.
Completion + 2
years
Mailing Lists for
Public Hearing
Notices
Owners/voter 1 year after filing Notice
of Completion or
Commission action,
whichever is later Minutes Meeting minutes *Permanent
Notices
/Agenda
Regular and Special meetings 2 years
Policies &
Procedures
All policies and procedures adopted by the
Commission
Current + 2 years
Type of
or Example
Legal Minimum
Retention LAFCO Proposals-
Annexations,
Reorganizations, or
other proposals
Application, petition or other initiating documents,
Assessor’s Statement of Property Valuation,
Agreement to Pay / indemnification, Certificate of
Completion, Environmental Review / CEQA
documents (such as Initial Study, Exemptions,
Notices of Completion and Determination,
Comments and
Response to Comments, Negative
Declaration, mitigation monitoring, Statements of
Overriding Consideration), Map and Legal
Description, Notices, Order for Change of
Organization, Staff Reports, Statement of
Boundary Change, Statement of Tax Rate Area
*Permanent
Resolutions
*Permanent
Other Misc. Records /
Demographic/
Statistical Data
Current + 2
years
Legal Opinions Confidential - not for public disclosure
(attorney-client privilege)
Until
superseded + 2
years Litigation Case files, including matters in
mediation and/or arbitration
Until settled
or
adjudicated
+ 2 years and
the time for
appeal has
expired
Reference Files reports, procedures, research, pre-
application research and correspondence
2 years
minimum,
recommend
ed longer if
useful
Page 4 Records Retention Schedule
Page 5 Records Retention Schedule
Appendix 4
Exempt Records: Documents and writings that are not public records because they are exempt
from disclosure under the Public Records Act shall be subject to special Retention rules as follows.
Deliberative Process Documents GC 6254(a) Documents, including documents solely in
electronic format such as emails which come
within the scope of G.C. 6254(a)
“Preliminary drafts, notes, or interagency or
intra agency memoranda” shall be deleted or
destroyed as soon as they are no longer
needed in the deliberative process.
Attorney Client Privileged
Communication. Documents
Includes documents solely in electronic
format such as emails from or to LAFCo
counsel shall be retained or destroyed as
determined by the Executive Officer in
consultation with LAFCo legal counsel.
Documents of Historic Significance to
Lassen LAFCo
Permanent, Do not destroy originals
